Law Commons^™

Products Liability Law In Minnesota: Design Defect And Failure To Warn Claims, Michael K. Steenson

Faculty Scholarship

The Minnesota law of products liability underwent significant changes in the 1980s. The courts filled in gaps left open since the Minnesota Supreme Court initially adopted strict liability in McCormack v. Hankscraft Co.' in 1967, but they also raised new issues and left other issues open. This Article analyzes these developments in Minnesota products liability law. The broad focus is on standards in design and warning cases. In the course of the analysis, the Article focuses on the issues that had been left unsettled in Minnesota law in those areas. The Article first addresses the elements of a strict liability …

Accountable Accountants: Is Third-Party Liability Necessary?, Victor P. Goldberg

Faculty Scholarship

Should accountants be liable to third parties if they conduct an audit in negligent manner? A half century ago, in Ultramares Corporation v. Touche, Niven & Co., Cardozo argued that they should not, unless their performance could be characterized as fraud. In recent years, courts in a minority of jurisdictions have concluded that Cardozo's argument is no longer compelling and they have found that "foreseeable" third parties could bring a tort action for ordinary negligence against the accountants. In addition to being subject to tort actions, accountants may also be liable under federal and state securities laws.

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